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And: City Attorney City of Pleasanton 123 Main Street, P.O. Box 520 Pleasanton, CA 94566 Facsimile (925) 931-5482 A party may change its address by giving notice in writing to the other party. Thereafter, any notice,tender, demand, delivery or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery or other communication shall be effective for deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by Facsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends federal, state, county, or city holidays shall be excluded. IX. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City of and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereafter, shall not bind or obligate the Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises, agreements, family or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. X. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of the Consultant, Consultant may not assign,transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject of this Agreement performed by City personnel or by other consultants retained by the City. 8